OWNERS of an Arabic restaurant Habibi have become the first people to be prosecuted for allowing smoking in an outdoor shelter that was too enclosed.

The company behind Habibi restaurant, on Far Gosford Street, in Coventry, was hit with a £350 fine for the unusual breach of the ban which is normally used to prosecute people who allow smoking indoors.

But on this occasion Coventry City Council’s environmental health team decided that the three-sided tent set up outside the restaurant as a smoking shelter wasn’t open enough.

They visited the restaurant and found one person smoking a cigarette and two people smoking shisha, a traditional Indian pipe, in the tent. Ashtrays were found on a table inside.

Julie Pinnick, principal officer at the city council’s environmental health team, said: “We have a lot of shelters in the city that were thrown up after the legislation came in but they have to be less than 50 per cent enclosed.

“Over the years because of demand, and to improve the look of the shelters some people have started to add extra bits on.

“In this particular case it was much more than 50 per cent enclosed and they were encouraging people into the area.”

A representative from Timraz Trading Ltd, the owner of the business, pleaded guilty to the offence at Coventry Magistrates Court last week.

The company was fined £350 and ordered to pay £250 towards costs.

The city council said that a number of visits had been carried out before the matter was taken to court.

Since July 2007 it has been illegal to smoke in enclosed public and work places.

It is also illegal to allow smoking to take place in an enclosed space.

Restaurant owner Manal Timraz was not available for comment after the case.